The city clearly understands the technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, does adopt and will fully enforce chapter 366 of the Texas Health and Safety Code.
(1991 Code, sec. 10.801)
The rules adopted by this article shall apply to all of the incorporated area of the city.
(1991 Code, sec. 10.802)
Any structure discharging sewage into an on-site sewage facility within the jurisdictional area of the city must comply with the rules adopted in section 13.09.004 of this article.
(1991 Code, sec. 10.803)
The rules, “Design Criteria For On-Site Sewage Facilities” and Administrative Rules 30 TAC 285.30–285.39 attached to Ordinance 97-563, promulgated by the state natural resource conservation commission for on-site sewage systems are hereby adopted, and all officials and employees of the city having duties under said rules are authorized to perform such duties as are required of them under said Rules.
(1991 Code, sec. 10.804)
The design criteria and all future amendments and revisions thereto are incorporated by reference and are thus made apart of these rules. A copy of the current design criteria is attached to Ordinance 97-563 as appendix I.
(1991 Code, sec. 10.805)
The city wishing to adopt more stringent rules for this article understands that the more stringent conflicting local rule shall take precedence over the corresponding state natural resource conservation commission requirement. Listed below are the more stringent rules adopted by the city:
(1) 
All newly installed on-site sewage facilities must be designed and stamped by a registered professional engineer by the state. All soil testing will be the responsibility of the engineer.
(1991 Code, sec. 10.806)
In order to implement the stated policy of the legislature and the state natural resource conservation commission to encourage the development and use of organized disposal systems to serve the waste disposal needs of the citizens of the state and to prevent pollution, protect the public health, and maintain and enhance the quality of water in the state, the following requirements are made:
(1) 
No person may cause or allow the installation of an on-site sewage facility when any part of the facility is to be 300 feet in horizontal distance (measured on the closest practicable access route) of an existing organized system, unless one of the following requirements has been met:
(A) 
The person has received a written denial of service from the owner or governing body of the organized disposal system; or
(B) 
The person has received a written determination from the designated representative that it is not feasible for the person to connect to the organized disposal system.
(2) 
Whenever an organized disposal system is developed within 300 feet in horizontal distance (measured on the closest practicable route) from any of a private sewage facility, that shall be connected to the organized system unless one of the requirements set forth in subsection (1)(A) or (1)(B) of this section has been met.
(1991 Code, sec. 10.807)
The assistant director of public works of the city or his designee is herewith declared the designated representative for the enforcement of these rules within its jurisdictional area. The appointed individual(s) must be approved and certified by the state natural resource conservation commission before assuming the duties and responsibilities of the designated representative of the city. The designated representative shall have the following duties and concomitant powers:
(1) 
To resolve any question regarding any interpretation of these rules, or the design criteria.
(2) 
To enforce these rules and to make appropriate recommendations to proper city officials when instances of noncompliance with these rules have been determined.
(3) 
To make statutory mandated inspections of proposed, new and existing on-site sewage facilities.
(4) 
To collect fees set by the authorized agent as necessary to recover the reasonable costs incurred in meeting the requirements of these rules.
(5) 
To make semiannual reports to the authorized agent on all actions, including legal actions, taken concerning these rules.
(6) 
To investigate nuisance complaints within 21 days of receipt. All validated complaints shall be resolved or substantial progress made toward resolution by the responsible individual within 30 days.
(7) 
To perform all other duties necessary to meet the requirements of these rules.
(1991 Code, sec. 10.808; Ordinance 06-109, sec. 3, adopted 2/21/06)
All fees collected for permits and/or inspections shall be made payable to the city.
(1991 Code, sec. 10.809)
(a) 
Each new on-site sewage facility shall be inspected and approved by the designated representative prior to the final covering of the facility.
(b) 
The applicant or registered installer shall notify the designated representative that an inspection is desired at least 5 working days prior to the need for inspection.
(c) 
The applicant or registered installer shall provide whatever reasonable assistance the designated representative requests in order to make the inspection.
(d) 
The applicant or registered installer must be present at the time of the inspection for that facility.
(1991 Code, sec. 10.810)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the city council.
(1991 Code, sec. 10.811)
(a) 
The designated representative may routinely inspect on-site sewage facilities to assure continued compliance with these rules.
(b) 
The designated representative shall inspect any on-site system that is believed to be causing pollution, a threat to the public health, nuisance conditions, or illegally installed or altered. If, upon inspection, it is found that any of these conditions exists, the owner of the on-site sewage facility will be notified in writing of the violation, and what must be done to achieve compliance, and set a reasonable amount of time to comply. The on-site sewage facility shall be reinspected at the expiration of the allotted time.
(1) 
If the facility is found to be compliant, a license therefor may be issued or the existing license may be modified.
(2) 
If the facility is found to be noncompliant, appropriate enforcement shall be taken.
(1991 Code, sec. 10.812)
The city adopts the criminal, injunction or civil suit, and civil penalty provisions as set forth in the sections 366.091, 366.092, 366.0912 of the Texas Health and Safety Code and/or any other such penalties (section 341.091 of the state department of health, chapter 341) that may be provided by state law. Each day of a continuing violation is a separate offense and is punishable as such.
(1) 
Criminal penalties (section 366.091).
(A) 
A person commits an offense if a person operates as an installer unless the person is registered by the state.
(B) 
A person commits an offense if the person violates a rule adopted by the commission under this chapter or an order or resolution adopted by an authorized agent under subchapter C in a county that is contiguous to an international border.
(C) 
A person commits an offense if the person begins to construct, alter, extend or repair an on-site sewage facility owned by another person before the owner of the system obtains a permit to install, construct, alter, extend or repair the on-site system as required.
(D) 
An emergency repair to an on-site sewage facility without a permit is not an offense under these rules if:
(i) 
The repair is made for the purpose of abatement of an immediate health hazard.
(ii) 
Said repair does meet minimum state design criteria or the more stringent design criteria of the authorized agent.
(iii) 
Said repair does not constitute an alteration of the on-site system.
(iv) 
Written notification of such repair, including a detailed description of the method and materials used in said repair, is made to the authorized agent not later than 72 hours after the repair is begun.
(v) 
Said repair must be inspected for compliance with the state’s or authorized agent’s design criteria.
(E) 
An offense under this section is a class C misdemeanor unless it is shown in the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is punishable by:
(i) 
A fine of not less than $125.00 nor more than $500.00;
(ii) 
Confinement in jail for not more than one month; or
(iii) 
Both the fine and confinement.
(F) 
Each day that a violation occurs constitutes a separate offense.
(2) 
Injunction or civil suit (section 366.092).
(A) 
If it appears that a person has violated, is violating, or is threatening to violate any provision of chapter 366, Texas Health and Safety Code, or any rule, permit or other order of the commission issued pursuant to chapter 366, Texas Health and Safety Code, the commission in partnership with the authorized agent or the commission independently may request the attorney general to bring a civil suit for: (1) mandatory or prohibitory injunctive relief, as warranted by the facts; (2) a civil penalty as provided by chapter 366, Texas Health and Safety Code; or (3) both injunctive relief and civil penalty.
(B) 
Venue for an action under chapter 366, Texas Health and Safety Code, is in Travis County District Court, the county in which the defendant resides, or in the county in which the violation occurs.
(3) 
Civil penalty (section 366.0921).
(A) 
The authorized agent may request that the commission initiate an enforcement action pursuant to these sections through a petition filed with the commission.
(i) 
An owner who violates any provision of chapter 366, Texas Health and Safety Code, or any rule, permit, or order issued pursuant to chapter 366, Texas Health and Safety Code, is subject to a civil penalty of not less than $100 nor more than $500 for each act of violation and for each day of violation.
(ii) 
Any other person who violates any provision of chapter 366, Texas Health and Safety Code, or any rule, permit, or order issued pursuant to chapter 366, Texas Health and Safety Code, is subject to civil penalty of not less than $500 nor more than $5,000 for each act of violation and for each day of violation.
(B) 
The civil penalties recovered shall be divided between the authorized agent and the state based on the proportion of resources expended by each entity in the course of the enforcement action.
(4) 
Criminal penalties (section 341.091).
(A) 
A person commits an offense if the person violates this chapter or a rule adopted under this chapter. An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200.
(B) 
If it is shown on the trial of the defendant that the defendant has been convicted of an offense under this chapter within a year before the date on which the offense being tried occurred, the defendant shall be punishable by a fine of not less than $10 or more than $1,000, confinement in jail for not more than 30 days, or both.
(1991 Code, sec. 10.813)
An emergency repair to an on-site sewage facility without a permit is not an offense under these rules if the following procedures are carried out:
(1) 
The repair is made for the purpose of abatement of an immediate, dangerous and serious health hazard;
(2) 
Said repair does meet minimum state design criteria;
(3) 
Said repair does not constitute an alteration of the on-site system;
(4) 
Written notification of such repair, including a detailed description of the method and materials used in said repair, is made to the authorized agent within 72 hours of the date of the repair; and
(5) 
Said repair must be inspected for compliance with the state’s design criteria.
(1991 Code, sec. 10.814)
If the city council decides that it no longer wishes to regulate on-site sewage facilities in its area of jurisdiction, the city council shall follow the procedures outlined below:
(1) 
The city council shall inform the state natural resource conservation commission by certified mail at least 30 days before the published date of the public hearing notice that it wishes to relinquish its on-site sewage facility ordinance.
(2) 
The city council shall post the required public notice in a newspaper regularly published or circulated in the area of jurisdiction at least 30 days prior to the anticipated date of action by the authorized agent and must solicit written comments for that 30-day period.
(3) 
The city council shall send a copy of the public notice, a publisher’s affidavit of public notice, and a certified copy of the court’s minutes to the state natural resource conservation commission.
(4) 
Upon relinquishment of this article, the local governmental entity shall surrender its area of jurisdiction to the commission.
(5) 
The local governmental entity shall pay the state natural resource conservation commission the appropriate charge-back fees for permitting inspections and complaint investigations of on-site sewage facilities in the surrendered area of jurisdiction.
(1991 Code, sec. 10.816)